Departamento de Prensa y Comunicaciones

Discursos

PRESIDENT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DR. CLARE K. ROBERTS ADDRESS BY THE PRESIDENT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DR. CLARE K. ROBERTS TO THE 35TH REGULAR SESSION OF THE OAS GENERAL ASSEMBLY ON THE SITUATION OF HUMAN RIGHTS IN THE HEMISPHERE

7 de junio de 2005 - Fort Lauderdale, Florida

President of the General Assembly, Mr. Secretary General, Mr.Assistant Secretary General, distinguished representatives of Member States and Observers, ladies and gentlemen,

As President of the Inter-American Commission on Human Rights, I have the honor of addressing you today concerning the situation of human rights in the Hemisphere. Accompanying me is the Executive Secretary of the Commission, Santiago Canton.

I would like to begin by congratulating newly-elected Secretary General Jose Miguel Insulza on the assumption of his post and to wish him every success in the execution of his mandate in the coming years.

On April 15, 2005, the Inter-American Commission on Human Rights submitted its Annual Report for 2004 to the OAS Permanent Council's Committee on Juridical and Political Affairs. This report has also been presented for consideration by the General Assembly.

In its report, the Inter-American Commission provided an assessment of the human rights situation in the Hemisphere and the main challenges to the exercise of those rights. As in past years, the regular meeting of this General Assembly provides a valuable opportunity for Member States to reflect on these matters, which are of utmost concern for all of us.

In this regard, I can report on behalf of the Inter-American Commission that the human rights experience since the 2004 General Assembly has been mixed, with both important accomplishments and serious challenges.

On the one hand, we have seen positive advances over the past year in key areas for the protection of human rights and the strengthening of the rule of law. These developments have included progress in efforts to curb impunity for serious human rights violations committed in precedingdecades. In Chile, we witnessed the publication of an in-depth report that covers incidents of political imprisonment and torture during the dictatorship of Augusto Pinochet. Similarly, in Argentina, various legal obstacles wereeliminated that had impeded the judicial prosecution of disappearances and other human rights violations committed during the military dictatorship, and in Paraguay a Truth and Justice Commission was established to provide a historical record of the Stroessner regime and to contribute to prosecutorial efforts in this regard. Guatemala, Peru and Colombia acknowledged responsibility for serious human rights violations in cases before the Inter American Court.

Other significant advances during 2004 included thelaunching of a comprehensive national human rights program in Mexico, the approval of constitutional reforms in Brazil aimed at modernizing the judicial system and amplifying the judicial mechanisms available to combat impunity for human rights violations and the successful carrying out of a referendum in Venezuela, in spite of conditions of extreme polarization. In addition, a number of important legal developments also took place during 2004, including the reaffirmation in the United States of the right to enjoy ajudicial remedy or review in the case of the detention of citizens or persons classified as enemy combatants in the framework of the war on terrorism and the decision of the US Supreme Court that banned the death penalty with respect to murders committed by minors, the consideration being given in Jamaica to legislative changes concerning the application of the death penalty, and the ability in Colombia of reopening criminal investigations based on decisions of international organizations, as well as the judicial confirmation of the need to comply with precautionary measures issued by the Commission.

Accompanying these advances, however, have been serious threatsand setbacks to the protection of human rights, the rule of law, and theconsolidating and strengthening of democracy in the Hemisphere. Theseobstacles have grown out of an environment characterized by deterioratingeconomic and social conditions in various countries, corruption in the public k and private spheres, increases in crime and citizen insecurity, and themarginalization of sectors of our societies through social exclusion anddiscrimination. Several situations have been of particular concern to theCommission. In Bolivia, for example, a situation of social and institutionalunrest has imperiled the conduct of democratic governance.TheCommission has expressed concern about the deterioration of democracyand calls upon the member states to ensure the continuation of thedemocratic process and full respect for human rights as stated in the InterAmerican Democratic Charter. In Ecuador, the removal and dismissal of anumber of Supreme Court magistrates, judges of the ConstitutionalTribunal and of the Supreme Electoral Tribunal and the massivedemonstrations that led to the resignation of President Gutierrez haveraised deep concerns about the effective functioning of institutions crucialto the rule of law and the respect for the principle of separation andindependence of powers in that country.In Chapter IV of the Annual Report, the Commission included Cuba,Colombia and Haiti as the countries that have been the subject of theCommission's special attention. In Cuba, although some persons were ~liberated over the past year after arbitrary detentions, there has been nosignificant change in the situation of systematic repression againstdissidents, human rights defenders and independent journalists.Generalized violations of public freedoms persist, especially with respect tothe right to political participation and freedom of expression. RegardingColombia, the Commission must reiterate its concern respecting theimpact of the internal armed conflict upon the civilian population and, inparticular, vulnerable sectors such as the indigenous peoples and afrodescendant and displaced communities. The Commission is particularlyconcerned about the attacks and threats against human rights defenders.Regarding the demobilization of paramilitary groups, this process hasmoved forward despite complaints on the violation of the agreed cessationof hostilities and the lack of an appropriate legal framework clarifying theconditions under which those responsible for the commission of crimes areto demobilize. While the support of the international community is an assetto the demobilization process, such support ought to be reassessed toensure that the three key aspects of truth, justice and reparations for thevictims of the conflict are at the core of this effort. Haiti has continued t 'suffer a grave political and economic crisis under its transitionalgovernment and its judicial system remains critically weak and ineffective.Moreover, the situation of violence and insecurity has intensified over thepast several months notwithstanding the presence of an armed UnitedNations stabilization mission. In this respect, I would like to mention that onFriday, June 3, 2005 the Commission released its preliminary observationson its visit to Haiti in April 2005, which discuss these and other pressingissues facing Haiti today.In light of these developments, the Commission has engaged in anongoing process of reflection, internally and with governments, civil societyand other interested parties, as to how the inter-American human rightssystem can respond more effectively in addressing hemispheric problemsin the promotion and protection of human rights. Three matters areparticularly crucial to the future reinforcement and effectiveness of thesystem: universal participation in human rights instruments andmechanisms; compliance with the decisions of the Inter-American Commission and Court; and the need for increased financing andresources.On universalization, the Commission has consistently emphasizedthe need for all Member States to participate fully in the instruments andprocedures of the inter-American human rights system by ratifying theInter-American Convention of Human Rights and other relevant legalinstruments. As the Commission has observed on previous occasions, in ahemisphere rapidly moving toward commercial and economic integration,human rights must not be left behind.Equally important is compliance by Member States with decisions ofthe Commission and the Court. This situation is far from satisfactory and, tothe extent that it is not remedied, will continue to hinder the full potential of a system for the protection of individual human beings that statesthemselves created. In this connection, the Commission once again urgesthat the necessary measures be taken to enable states to act as thecollective guarantors of the system. A third matter crucial to the effectiveness of the inter-Americanhuman rights system is the endemic and urgent problem of budgetarylimitations. As the Commission has observed on previous occasions, it hasthroughout the years responsibly assumed the various mandates assignedto it by the General Assembly and Summits of the Americas. Theassignment of the mandates recognizes and reaffirms the Commission'slegitimacy and its important role to the States. However, the Commission'scapacity to do so in the future has reached a crisis, and there is an urgentneed to identify measures that lead to increased funding and resources inorder for the Commission to continue fulfilling its mandate and assignedtasks. We cannot continue to operate without an increase in funding.Indeed, for instance, at present the Commission does not have sufficientresources in its regular fund to convene its second regular period ofsessions in 2005.In closing, I would like to express the Commission's appreciation forthe vital support given by outgoing Assistant Secretary General LuigiEinaudi to the work of the Commission over the years and, in particular, forhis unwavering efforts to advance the difficult situation in Haiti, and to wishhim good health and success following his time with the GAS.

President,We are living in crucial times in our beloved hemisphere. The greatvictories of the last decade in deepening the democratic process seem tohave stalled in many countries, and receded in others; internal conflicts arestill taking the lives of hundreds of our inhabitants, discrimination still affects millions of indigenous peoples and afro-descendants; women -more thanhalf of our population- are victims of violence and almost half of ourpopulation lives in poverty. These challenges, plus economic instability, theinsecurity caused by crime, terrorism, and armed conflicts, and thedestruction caused by natural and man-made disasters, continue to impedethe full realization of human rights in our region, and it is only through acollaborative effort that we will overcome those challenges.